16998 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations 

Issued in Kansas City, Missouri, on March 

30, 2007. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 07–1715 Filed 4–5–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27687; Directorate 

Identifier 2000–NE–42–AD; Amendment 39–

15012; AD 2007–07–07] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company CF34–1A, –3A, –3A1, 

–3A2, –3B, and –3B1 Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) for 

General Electric Company (GE) CF34–

1A, –3A, –3A1, –3A2, –3B, and –3B1 

turbofan engines. That AD requires a 

onetime inspection of certain fan disks 

for electrical arc-out indications, 

replacing fan disks with electrical arcout indications, and reducing the life 

limit of certain fan disks. This AD 

requires the same reduced life limit of 

certain fan disks, but requires on-wing 

inspection of certain fan disks installed 

on regional jets within 500 flight hours 

after the effective date of this AD. This 

AD also requires more enhanced shoplevel inspections of all fan disks for 

electrical arc-out defects. This AD 

results from a report that in January 

2007, a CF34–3B1 turbofan engine 

experienced an uncontained fan disk 

failure during flight operation. We are 

issuing this AD to prevent an 

uncontained fan disk failure and 

airplane damage. 

DATES: Effective April 23, 2007. The 

Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the 

regulations as of April 23, 2007. 

We must receive any comments on 

this AD by June 5, 2007. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact General Electric Company via 

Lockheed Martin Technology Services, 

10525 Chester Road, Suite C, Cincinnati, 

Ohio 45215; telephone (513) 672–8400; 

fax (513) 672–8422, for the service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Tara 

Chaidez, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: tara.chaidez@faa.gov; telephone 

(781) 238–7773; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: On 

February 24, 2006, the FAA issued AD 

2006–05–04, Amendment 39–14501 (71 

FR 10832; March 3, 2006). That AD 

requires a onetime inspection, and if 

necessary replacement of certain fan 

disks for electrical arc-out defects. That 

AD also reduces the life limit of certain 

fan disks. That AD was the result of a 

fan disk crack found during a visual 

inspection as part of routine engine 

maintenance. That condition, if not 

corrected, could result in an 

uncontained failure of the engine. 

Actions Since AD 2006–05–04 was 

Issued 

Since that AD was issued, a CF34–

3B1 turbofan engine experienced an 

uncontained fan disk failure during 

flight operation, in January 2007. An 

inspection of the recovered segments of 

the fan disk found an electrical arc-out 

defect at the fracture origin site. The fan 

disk was marked using the electrochemical etch marking (ECM) procedure 

during engine assembly. If the ECM 

procedure is performed incorrectly, an 

arc-out defect can occur. This arc-out 

defect, caused during part marking, 

resulted in the uncontained failure. 

The uncontained fan disk failure 

during flight operation in January 2007 

showed that the inspections in GE 

Service Bulletin No. CF34–BJ 72–

A0088, Revision 1, dated October 30, 

2000 and in GE Alert Service Bulletin 

(ASB) No. CF34–AL 72–A0103, dated 

August 4, 2000, mandated by AD 2006–

05–04, are not adequate to find all 

electrical arc-out defects. 

We issued emergency AD 2007–04–51 

on February 16, 2007, and its follow-up 

published version, AD 2007–05–16, on 

February 28, 2007, to perform an 

enhanced onetime inspection of a highrisk suspect population of 31 fan disks. 

While complying with those ADs, 

operators found indications of 

additional electrical arc-out defects. 

Because these additional indications 

of electrical arc-out defects validate our 

concern for the significant risk posed in 

the remaining suspect population of fan 

disks, we are issuing this final rule; 

request for comments AD. This AD 

requires an accelerated inspection 

schedule using the improved 

inspections of the three GE ASBs listed 

below. These ASBs include fluorescent 

penetrant inspection (FPI), tactile and 

enhanced visual (TEV) inspection, and 

eddy current inspection (ECI) for 

finding electrical arc-out defects. This 

condition, if not corrected, could result 

in an uncontained fan disk failure and 

airplane damage. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of GE ASBs No. 

CF34–BJ S/B 72–A0212, Revision 2, 

dated March 22, 2007, ASB No. CF34–

AL S/B 72–A0233, Revision 2, dated 

March 22, 2007, and ASB No. CF34–AL 

S/B 72–A0231, dated March 7, 2007. All 

three ASBs list the affected fan disks by 

serial number and part number. The 

first two ASBs describe procedures for 

performing FPI, a tactile and TEV 

inspection, and ECI for cracks and 

electrical arc-out defects. The third ASB 

describes procedures for performing an 

on-wing TEV inspection of fan disks for 

electrical arc-out defects. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other GE CF34–1A, –3A, –3A1, 

–3A2, –3B, and –3B1 turbofan engines 

of the same type design. We are issuing 

this AD to prevent an uncontained fan 

disk failure and airplane damage. This 

AD requires on-wing TEV inspection of 

fan disks for electrical arc-out defects on 

fan disks installed on regional jets 

within 500 flight hours after the 

effective date of this AD. This AD also 

requires for all affected fan disks shoplevel FPI, enhanced TEV, and ECI 

inspections for cracks and electrical arcout defects. This AD also carries 

forward from AD 2006–05–04 the 

reduced life limit for certain fan disks. 

You must use the service information 

described previously to perform the 

actions required by this AD. 


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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations 16999 

FAA’s Determination of the Effective 

Date 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we have found that notice and 

opportunity for public comment before 

issuing this AD are impracticable, and 

that good cause exists for making this 

amendment effective in less than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send us any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘AD Docket No. 

FAA–2007–27687; Directorate Identifier 

2000–NE–42–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the rule that might suggest a 

need to modify it. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of the DMS Web site, 

anyone can find and read the comments 

in any of our dockets, including the 

name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Examining the AD Docket 

You may examine the docket that 

contains the AD, any comments 

received, and any final disposition in 

person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

(800) 647–5227) is located on the plaza 

level of the Department of 

Transportation Nassif Building at the 

street address stated in ADDRESSES. 

Comments will be available in the AD 

docket shortly after the DMS receives 

them. 

Docket Number Change 

We are transferring the docket for this 

AD to the Docket Management System 

as part of our on-going docket 

management consolidation efforts. The 

new Docket No. is FAA–2007–27687. 

The old Docket No. became the 

Directorate Identifier, which is 2000–

NE–42–AD. This AD might get logged 

into the DMS docket, ahead of the 

previously collected documents from 

the old docket file, as we are in the 

process of sending those items to the 

DMS. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration amends part 39 

of the Federal Aviation Regulations (14 

CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–14501 (71 FR 

10832; March 3, 2006), and by adding a 

new airworthiness directive, 

Amendment 39–15012, to read as 

follows: 

2007–07–07 General Electric Company: 

Amendment 39–15012. Docket No. 

FAA–2007–27687; Directorate Identifier 

2000–NE–42–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 23, 2007. 

Affected ADs 

(b) This AD supersedes AD 2006–05–04. 

Applicability 

(c) This AD applies to General Electric 

Company (GE) CF34–1A, –3A, –3A1, –3A2, 

–3B, and –3B1 turbofan engines, with fan 

disks part numbers (P/Ns) 5921T18G01, 

5921T18G09, 5921T18G10, 5921T54G01, 

5922T01G02, 5922T01G04, 5922T01G05, 

6020T62G04, 6020T62G05, 6078T00G01, 

6078T57G01, 6078T57G02, 6078T57G03, 

6078T57G04, 6078T57G05, and 6078T57G06 

installed. These engines are installed on, but 

not limited to, Bombardier Canadair airplane 

models CL–600–2A12, –2B16, and –2B19. 

Unsafe Condition 

(d) This AD results from a report that in 

January 2007, a CF34–3B1 turbofan engine 

experienced an uncontained fan disk failure 

during flight operation. We are issuing this 

AD to prevent an uncontained fan disk 

failure and airplane damage. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Removal of Certain Fan Disks From Service 

(f) For fan disks listed by P/N and SN in 

the following Table A that have fewer than 

8,000 cycles-since-new (CSN) on the effective 

date of this AD, replace fan disks before 

accumulating 8,000 CSN: 


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17000 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations 

TABLE A.—FAN DISKS THAT REQUIRE

REMOVAL BASED ON BLENDED

CALLOUTS

Disk part No. Disk serial No. 

6078T57G02 ...................... GAT6306N 

6078T00G01 ...................... GAT3860G 

6078T57G02 ...................... GAT1924L 

5922T01G04 ...................... GAT9599G 

6078T57G04 ...................... GEE05831 

6078T57G04 ...................... GEE06612 

6078T57G04 ...................... GEE06618 

6078T57G04 ...................... GEE06974 

6078T57G04 ...................... GEE06980 

6078T57G05 ...................... GEE143FY 

6078T57G05 ...................... GEE1453G 

6078T57G05 ...................... GEE14452 

TABLE A.—FAN DISKS THAT REQUIRE

REMOVAL BASED ON BLENDED

CALLOUTS—Continued 

Disk part No. Disk serial No. 

6078T57G05 ...................... GEE145NA 

6078T57G04 ...................... GEE08086 

6078T57G04 ...................... GEE09287 

6078T57G04 ...................... GEE09337 

6078T57G05 ...................... GEE12720 

6078T57G05 ...................... GEE14214 

6078T57G05 ...................... GEE142YT 

6078T57G05 ...................... GEE146GT 

(g) For fan disks listed in Table A of this 

AD that have 8,000 CSN or more on the 

effective date of this AD, replace the disk 

within 15 days after the effective date of this 

AD. 

Inspections of Fan Disks Installed in 

Regional Jet Airplanes 

(h) For CF34–3A1 and CF34–3B1 turbofan 

engines installed on Bombardier Canadair 

CL600–2B19 Regional Jet airplanes: 

On-Wing Tactile and Enhanced Visual (TEV) 

Inspection 

(1) On-wing TEV inspect the fan disks 

listed by P/N and SN in Table 1 of GE Alert 

Service Bulletin (ASB) No. CF34–AL S/B 72–

A0231, dated March 7, 2007, using the 

compliance times specified in the following 

Table B: 

TABLE B.—REGIONAL JET ON-WING FAN DISK INSPECTION COMPLIANCE TIMES

For fan disks: Inspect: 

(i) That have not had a shop-level inspection .......................................... Within 500 flight hours after the effective date of this AD. 

(ii) That are marked with an asterisk in Table 1 of GE ASB No. CF34–

AL S/B 72–A0231, dated March 7, 2007.

Within 500 flight hours after the effective date of this AD. 

(2) Use paragraphs 3.A. through 3.A.(13) of 

the Accomplishment Instructions of GE ASB 

No. CF34–AL S/B 72–A0231, dated March 7, 

2007, to do the inspection. 

Shop-level Inspection 

(3) Within 5,000 flight hours or 5 calendar 

years after the effective date of this AD, 

whichever occurs first, fluorescent penetrant 

inspect (FPI), TEV inspect, and eddy current 

inspect (ECI) at shop-level for cracks and 

electrical arc-out defects on the fan disks 

listed by P/N and SN in Table 1 of GE ASB 

No. CF34–AL S/B 72–A0233, Revision 2, 

dated March 22, 2007. 

(4) Use paragraphs 3.A.(1) through 3.A.(6) 

of the Accomplishment Instructions of GE 

ASB No. CF34–AL S/B 72–A0233, Revision 

2, dated March 22, 2007, to do the 

inspections. 

Shop-level Inspection Exemption 

(5) Fan disks are exempt from the shoplevel inspection that meet the following 

criteria: 

(i) Fan disks inspected before the effective 

date of this AD per GE Engine Manual No. 

SEI–756, Section 72–21–00 (FAN ROTOR 

ASSEMBLY INSPECTION); and 

(ii) That have accumulated no more than 

100 cycles since that inspection; and 

(iii) That pass the on-wing TEV inspection 

in paragraph (h)(2) of this AD. 

Inspection of Fan Disks Installed in Business 

Jet Airplanes 

(i) For CF34–1A, –3A, –3A1, –3A2, and 

–3B turbofan engines installed on 

Bombardier Canadair Models CL–600–2A12 

(CL–601), CL–600–2B16 (CL–601–3A), (CL–

601–3R), and (CL–604) Business Jet 

airplanes: 

(1) FPI, TEV inspect, and ECI for cracks 

and electrical arc-out defects at shop-level on 

the fan disks listed by P/N and SN in Table 

1 of GE ASB No. CF34–BJ S/B 72–A0212, 

Revision 2, dated March 22, 2007, using the 

compliance times specified in the following 

Table C: 

TABLE C.—BUSINESS JET SHOP-LEVEL FAN DISK INSPECTION COMPLIANCE TIMES

For fan disks: Inspect: 

(i) That have more than 5,500 flight hours on the effective date of this 

AD.

Within 500 flight hours after the effective date of this AD. 

(ii) That have 5,500 or fewer flight hours on the effective date of this 

AD.

Within accumulating a total of 6,000 fan disk operating hours-sincenew, or 5 calendar years, whichever occurs first. 

(2) Use paragraphs 3.A. through 3.A.(10) of 

the Accomplishment Instructions of GE ASB 

No. CF34–BJ S/B 72–A0212, Revision 2, 

dated March 22, 2007, to do the inspections. 

Reporting Requirements 

(j) Report the results of the on-wing 

inspections performed in paragraph (h)(2) by 

following the instructions in paragraph 

3.A.(14) of the Accomplishment Instructions 

of GE ASB No. CF34–AL S/B 72–A0231, 

dated March 7, 2007. Under the provisions of 

the Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD, and has 

assigned OMB Control Number 2120–0056. 

Previous Credit 

(k) Credit is allowed for fan disks 

previously shop-level inspected using GE 

ASB No. CF34–AL S/B 72–A0233, dated 

March 7, 2007 or Revision 1 of that ASB 

dated March 16, 2007, or GE ASB No. CF34–

BJ S/B 72–A0212, dated March 7, 2007 or 

Revision 1 of that ASB dated March 16, 2007, 

before the effective date of this AD. 

Alternative Methods of Compliance 

(l) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(m) Emergency AD 2007–04–51 and AD 

2007–05–16 also pertain to the subject of this 

AD. 

Material Incorporated by Reference 

(n) You must use the General Electric Alert 

Service Bulletins listed in Table D of this AD 

to perform the inspections required by this 

AD. The Director of the Federal Register 

approved the incorporation by reference of 

the documents listed in Table D of this AD 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. You can get a copy from General 

Electric Company via Lockheed Martin 

Technology Services, 10525 Chester Road, 

Suite C, Cincinnati, Ohio 45215; telephone 

(513) 672–8400; fax (513) 672–8422. You can 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations 17001 

review copies at the FAA, New England 

Region, Office of the Regional Counsel, 12 

New England Executive Park, Burlington, 

MA; or at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

TABLE D.—INCORPORATION BY REFERENCE

Alert Service Bulletin No. Page No. Revision Date 

CF34–AL S/B 72–A0231 .........................................................................................

Total Pages: 94 ........................................................................................................

All ........................... Original .................. March 7, 2007. 

CF34–AL S/B 72–A0233 .........................................................................................

Total Pages: 91 ........................................................................................................

All ........................... 2 ............................. March 22, 2007 

CF34–BJ S/B 72–A0212 ..........................................................................................

Total Pages: 95 ........................................................................................................

All ........................... 2 ............................. March 22, 2007 

Issued in Burlington, Massachusetts, on 

March 30, 2007. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–6345 Filed 4–5–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 401, 404, 405, 406, 413, 

415, 420, 431, and 437 

[Docket No.: FAA–2006–24197; Amendment 

Nos. 401–5, 404–4, 405–3, 406–4, 413–9, 

420–3, 431–2, 437–0] 

RIN 2120–AI56 

Experimental Permits for Reusable 

Suborbital Rockets 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The Federal Aviation 

Administration (FAA) is amending its 

commercial space transportation 

regulations under the Commercial Space 

Launch Amendments Act of 2004. The 

FAA is establishing application 

requirements for an operator of a 

manned or unmanned reusable 

suborbital rocket to obtain an 

experimental permit. The FAA is also 

establishing operating requirements and 

restrictions on launch and reentry of 

reusable suborbital rockets operated 

under a permit. 

DATES: These amendments become 

effective June 5, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Randy Repcheck, Office of Commercial 

Space Transportation, Systems 

Engineering and Training Division, 

AST–300, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–8760; facsimile 

(202) 267–5463, e-mail 

randy.repcheck@faa.gov. For legal 

information, contact Laura Montgomery, 

Senior Attorney, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971, e-mail 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. If 

you are a small entity and you have a 

question regarding this document, you 

may contact the person listed under FOR

FURTHER INFORMATION CONTACT. You can 

find out more about SBREFA on the 

Internet at http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding space transportation safety is 

found under the general rulemaking 

authority, 49 U.S.C. 322(a), of the 

Secretary of Transportation to carry out 

49 U.S.C. Subtitle IX, chapter 701, 49 

U.S.C. 70101–70121 (Chapter 701). 

Also, the recently enacted Commercial 

Space Launch Amendments Act of 2004 

(the CSLAA) mandates this rulemaking 

through section 70105a, which creates 

the FAA’s new permit authority, and 

section 70120, which requires that this 

rulemaking be complete by June 23, 

2006. If the FAA does not issue a final 

rule by December 23, 2007, Congress 

prohibits the FAA from issuing any 

permits for launch or reentry until the 

final regulations are issued. 

I. Background 

Chapter 701 authorizes the Secretary 

of Transportation and, through 

delegations, the FAA’s Associate 

Administrator for Commercial Space 

Transportation, to oversee, authorize, 

and regulate both launches and reentries 

of launch and reentry vehicles, and the 

operation of launch and reentry sites 

when carried out by U.S. citizens or 

within the United States. 49 U.S.C. 

70104, 70105, 70105a; U.S. Federal 

Aviation Administration, Commercial 

Space Transportation Delegations of 

Authority, N1100.240 (Nov. 21, 1995). 

Chapter 701 directs the FAA to exercise 

this responsibility consistent with 

public health and safety, safety of 

property, and the national security and 

foreign policy interests of the United 

States, and to encourage, facilitate, and 

promote commercial space launch and 

reentry by the private sector. 49 U.S.C. 

70103, 70105, 70105a. 

On December 23, 2004, President 

Bush signed into law the Commercial 


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